Wills & Trusts Law Reports | Spring 2020 #178The claimants were the widow and the daughter of the deceased who died on 8 March 2015. The deceased executed an English will (“the Will”) dealing with his UK assets and appointing a Swiss lawyer (the 1st defendant) as his executor and trustee. The widow (the 1st claimant) was the sole beneficiary of the English estate. There was a breakdown of relations between the 1st claimant and the 1st defendant. The daughter (the 2nd claimant) supported the widow. The claimants applied for an order under s50 of the Administration of Justice Act 1985 removing the 1st defendant as e...
Emma Holland and Luca del Panta look at an international family dispute which has lessons for trustees and PRs defending removal claims ‘At the costs hearing, the widow and daughter argued that the same general rule should apply on the basis that they had been “successful”, particularly as Dr Neupert had effectively abandoned his counterclaim, …
Continue reading "Costs: The cost of obstinacy"
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